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1. Definitions and Interpretation
A reference in these terms and conditions to "User" means an individual or any entity that shares or relies on information obtained from Carnes Complete.
3.1 User accepts full responsibility and liability for all transactions undertaken by User on Carnes Complete.
3.2 Subject to Clause 3.3, User's responsibility and liability under Clause 3.1 shall be absolute and includes circumstances where a User's password has been lost or revealed to any third party.
3.3 User's responsibility and liability for the use of Carnes Complete by a User shall not cease until Carnes Company receives written notice from the User (and Carnes Company has acknowledged receipt of such notice) that the User's password has or may have been compromised or that the access to Carnes Complete by the User is to be terminated.
3.4 Subject to Clause 3.3, the User agrees that Carnes Company shall not be responsible for and releases Carnes Company from liability in respect of any loss or damage to the User as a result of the use of Carnes Complete by the User.
3.5 Subject to Clause 3.3, the User indemnifies and keep indemnified Carnes Company from and against all liabilities actions claims demands losses damages proceedings costs charges and expenses for which Carnes Company shall or may be or become liable as a result of offering Carnes Complete for use by the User.
4. Use of Carnes Complete
4.1 Carnes Company gives no warranty that any product selected by the User under Carnes Complete is fit for any specific purpose. User shall be liable to ensure that a product or product configuration is fit for the purpose required by the User's customer.
5. Carnes Complete Availability and Performance
5.1 Carnes Company makes no representation and gives no warranty with respect to the availability or performance of Carnes Complete and shall have no liability in relation to the performance or availability of Carnes Complete.
5.2 Carnes Company reserves the right to modify amend and/or discontinue Carnes Complete at any time in which event User shall have no claim whatsoever against Carnes Company.
6.1 Carnes Complete is provided "as is" and "as available" and Carnes Company makes no warranty or representations in relation to the accuracy of any content of Carnes Complete. Carnes Company assumes no liability for any errors or omissions in the content of Carnes Complete.
6.2 Carnes Company will in no event be liable for damages arising as a result of User's use of this site.
6.3 The use of Carnes Complete shall be exclusively governed by the Laws Wisconsin and all disputes arising from or relating to the use of Carnes Complete are exclusively subject to the Courts of Wisconsin.
7. Intellectual Property
7.1 User should assume that all content on Carnes Complete is copyrighted and that it may not be used without Carnes Company's prior written consent.
8.1 Information or data sent to or received from Carnes Complete is encrypted over a 128 bit SSL connection. Details of other security measures can be found at www.carnes.com. Carnes Company otherwise makes no representation or warranty with respect to the security or confidentiality of material transmitted through Carnes Complete.
9. No Partnership
9.1 User acknowledges and agrees that it is not in partnership with Carnes Company and that the words "Carnes Complete" shall not be construed to the effect that User and Carnes Company are partners or are in partnership including but not limited to under the Partnership Act or equivalent legislation.
9.2 User must not claim and must not make any representation whatsoever that may be construed to the effect that User is a partner of or is in partnership with Carnes Company. Without limiting the generality of this Clause 9.2 User must not use the term "partner" "partnership" or like term in any representation or description made to any person with respect to the relationship between User and Carnes Company including with respect to the participation by User in Carnes Complete.
9.3 User indemnifies and keep indemnified Carnes Company from and against all liabilities actions claims demands losses damages proceedings costs charges and expenses for which Carnes Company shall or may be or become liable as a result of any claim made against Carnes Company by any person on the basis that Carnes Company is a partner or is in partnership with User.